National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 3 : Consumer Credit Industry Regulation

Part A : Registration requirements, criteria and procedures

52. Certificate, validity and public notice of registration

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(1)Upon registering an applicant, the National Credit Regulator must—
(a)issue a prescribed certificate of registration to the applicant, and in the case of persons contemplated in section 40(2)(c), a duplicate copy of the certificate of registration for each registered location at or from which that person conducts the registered activities;
(b)enter the registration in the register; and
(c)assign a unique registration number to that registrant.

 

(2)A registration certificate, or duplicate registration certificate issued in terms of this section must specify—
(a)the identity of the registrant;
(b)the activities that the registration permits the registrant to engage in, conduct or make available to the public; and
(c)any other prescribed information.

 

(3)A valid certificate or duplicate certificate of registration, or a certified copy of it, is prima facie proof that the registrant is registered in terms of this Act.

 

(4)A registration—
(a)takes effect on the date on which the certificate or duplicate certificate of registration is issued; and
(b)remains in effect until—
(i)the registrant is deregistered;
(ii)the registration is cancelled in terms of this Act; or
(iii)it has lapsed on the last day upon which the prescribed renewal fee should have been paid in terms of section 51(1)(c).

[Subsection (4)(b) substituted by section 19 of Act No. 19 of 2014]

 

(5)A registrant must—
(a)post the certificate or duplicate registration certificate in any premises at or from which it conducts its registered activities;
(b)reflect its registered status and registration number, in a legible typeface, on all its credit agreements and communications with a consumer;
(c)comply with its conditions of registration and the provisions of this Act;
(d)pay the prescribed annual renewal fees within the prescribed time;
(e)keep any prescribed records relating to its registered activities, in the prescribed manner and form; and
(f)file any prescribed reports with the National Credit Regulator in the prescribed manner and form.

 

(6)In addition to the requirements of subsection (5), a registered credit bureau must submit to the National Credit Regulator an annual compliance report, certified by an independent auditor, addressing the following matters:
(a)Accuracy of data received and reported by it;
(b)incidence of complaints and complaint resolution;
(c)adequacy of procedures employed by it to ensure—
(i)the accuracy of data received and reported by it;
(ii)that confidentiality of data is maintained and all relevant legislation concerning the privacy and confidentiality of information is complied with; and
(iii)that complaints are resolved; and
(d)any other related or similar matters prescribed by regulation.